Professor Katherine Macfarlane spoke with Bloomberg for the story “74 Lawsuits Have Been Filed to Stop Trump, Most in a Handful of Courts”. The article examines where lawsuits challenging President Trump’s executive orders are being filed.
Macfarlane, an expert in federal civil procedure, said that in politically charged cases, at least some amount of “macro” strategy around where to file has become standard.
Political protections like life tenure haven’t “been enough to give parties confidence that it doesn’t matter who you’re in front of,” she said.
Macfarlane’s recent article “Constitutional Case Assignment”, published in the North Carolina Law Review, addressed judge-shopping and case assignment in the federal district courts, and is available here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4539837.”